Charles Ojinwa - No 01 ECDC Fats, Fortgale - No 64 Blakeway Street - Mthatha - Eastern
Court order seizes property linked to crime · Published 2023-10-27 · What is a POCA?
- Party
- Charles Ojinwa - No 01 ECDC Fats, Fortgale - No 64 Blakeway Street - Mthatha - Eastern
- Date
- 2023-08-15
Case
- Case number
- 3253/2023
Parties addressed
- Charles Ojinwa - No 01 ECDC Fats, Fortgale - No 64 Blakeway Street - Mthatha - Eastern
Asset description
APPLICATION IN TERMS OF S38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 IN RESPECT OF R9000 AND R23 550 IN CASH, THAT WAS SEIZED BY SOUTH AFRICAN POLICE SERVICES ON THE 2ND JANUARY 2020 AND 16 JUNE 2023 AND HELD UNDER MTHATHA CAS NUMBER 28/01/2020 AND MADEIRA CAS NUMBER 175/06/2023.
From the gazette
3. If you intend to oppose the application for a forfeiture order , or you intend to apply for an order excluding your interest
from a forfeiture order in respect of the property , you must enter an appearance in terms of the order. The requirements
for such an appearance are set out in the order and also are dealt with in section 39(4) and (5) of the POCA . An
appearance must comply with these requirements and must be delivered to the office of the State Attorney at the
address mentioned in paragraph 9 below.
4.Your attention is specifically drawn to the 14 day time limit prescribed in the section 39(4) for the entry of an
appearance referred in paragraph 3 above.
5. If you enter an appearance in terms of the order you will be entitled to be given 14 days notice of the application by
the applicant by the applicant for a forfeiture order in respect of the property.
6. If you fail to enter an appearance in terms of the order or to comply with the above requirements, you will not be
given notice of application for a forfeiture order and you will not be entitled to appear at the hearing of the application.
in such a case, the court may grant a default order forfeiting the property to the state under section 53 of the POCA.
7. You may, on good cause shown (including the non- availability of any other suitable remedy to protect your legitimate
rights or interests) on 3 days notice in urgent instances and at least 7 days notice in other instances to the applicant
and within 8 days of becoming aware of the order, apply for reconsideration of the order.
8. You are specially advised that even if you intend to apply reconsideration of the preservation order in this case, you
must in addition comply with paragraph 4 and 5 above if you intend to oppose the forfeiture application at a later date.
Failure to do so can result in a forfeiture order being granted against the property by default and without further notice
to you.
9. Whenever this Order states that you must deliver or serve any notice, affidavit or other process documents on the
Applicant , you must deliver or serve them on the Applicant at the following address : The State Attorney : Mr. A. Ludidi,
1st Floor, Broadcast House, 94 Sission Street v Fortgale, Mthatha. Tel: 047 502 9900. ALudidi@justice.gov.za.
ANATHI LUDIDI O.B.O STATE ATTORNEY, 94 SISSION STREET, FORTAGALE MTHATHA. E-mail:
ALudidi@justice.gov.za. Tel. No.: 047 502 9900.
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Case No: 3253/2023
P/H or Docex No.: 0475029900/0834070797
IN THE HIGH COURT OF SOUTH AFRICA
(EASTERN CAPE LOCAL DIVISION, MTHATHA)
MTHATHA, 2023-08-15, JUDGE MJALI
THE NATIONAL DIRECTOR OF PUBLIC PROSECUTION and CHARLES OJINWA
In re: APPLICATION IN TERMS OF S38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 IN
RESPECT OF R9000 AND R23 550 IN CASH, THAT WAS SEIZED BY SOUTH AFRICAN POLICE SERVICES ON
THE 2ND JANUARY 2020 AND 16 JUNE 2023 AND HELD UNDER MTHATHA CAS NUMBER 28/01/2020 AND
MADEIRA CAS NUMBER 175/06/2023. .
NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)
The National Director of Public Prosecutions applied for and was granted a preservation of property order in terms of
section 38 of the Organised Crime Act ,No.121 of 1998 in the High Court of South African ( Eastern Cape Local Division,
Mthatha) on 15 August 2023 in case number 3253/2023 in relation to APPLICATION IN TERMS OF S38 OF THE
PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 IN RESPECT OF R9000 AND R23 550 IN CASH, THAT
WAS SEIZED BY SOUTH AFRICAN POLICE SERVICES ON THE 2ND JANUARY 2020 AND 16 JUNE 2023 AND
HELD UNDER MTHATHA CAS NUMBER 28/01/2020 AND MADEIRA CAS NUMBER 175/06/2023.
This notice is addressed to: Charles Ojinwa - No 01 ECDC Fats, Fortgale - No 64 Blakeway Street - Mthatha - Eastern
Cape Province and all persons who may have an interest.
TAKE NOTICE THAT :
1. If you have interest in the property, you should understand that it is now at risk. You are advised to obtain legal
advice on whether your interest can be protected and if so, on how to protect it.
2. You are notified that the National Director will, within 90 Days of publication of this notice , apply to the High Court
under Section 48 of the POCA for a forfeiture order. The preservation order will remain in force until the application for
a forfeiture order is finalized , and until any forfeiture order that is made is satisfied.
3. If you intend to oppose the application for a forfeiture order , or you intend to apply for an order excluding your interest
from a forfeiture order in respect of the property , you must enter an appearance in terms of the order. The requirements
for such an appearance are set out in the order and also are dealt with in section 39(4) and (5) of the POCA . An
appearance must comply with these requirements and must be delivered to the office of the State Attorney at the
address mentioned in paragraph 9 below.
This gazette is also available free online at www.gpwonline.co.za
40 No. 49551 GOVERNMENT GAZETTE, 27 October 2023